South Carolina Mechanics Lien Guide and FAQs

Last updated July 31, 2020
If contractors and suppliers don’t get paid on a construction project in South Carolina, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file a South Carolina mechanics lien.

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When should a mechanics lien be used in the payment process?

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Preliminary notice
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Notice of intent to lien
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Mechanics lien

South Carolina lien law deadlines for:

Preliminary notice deadlines
15 days

Notice of project commencement due 15 days after commencement. This provides additional protections to the general contractor against potential lien claimants.

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Mechanics lien deadlines
90 days

Lien must be filed w/in 90 days after last labor or materials furnished.

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Enforcement deadlines
6 months

In South Carolina, an action to enforce a mechanics lien must be initiated within 6 months from the claimant's last furnishing of labor and/or materials to the project. A notice of lis pendens must also be filed in South Carolina.

Note that, due to some case law, it may be best practice to initiate an action to enforce a lien before the earlier of either 6 months after the lien was filed or 6 months after the date of last furnishing, just to be safe.

Preliminary notice deadlines
Prior to Lien

If contracted with a party other than the property owner, potential claimant must serve the owner and GC with a Notice of Furnishing Labor or Materials.

Send Your Notice
Mechanics lien deadlines
90 days

Lien must be filed w/in 90 days after last labor or materials furnished.

File A Lien Fast
Enforcement deadlines
6 months

In South Carolina, an action to enforce a mechanics lien must be initiated within 6 months from the claimant's last furnishing of labor and/or materials to the project. A notice of lis pendens must also be filed in South Carolina.

Note that, due to some case law, it may be best practice to initiate an action to enforce a lien before the earlier of either 6 months after the lien was filed or 6 months after the date of last furnishing, just to be safe.

Preliminary notice deadlines
Prior to Lien

If contracted with a party other than the property owner, potential claimant must serve the owner and GC with a Notice of Furnishing Labor or Materials.

Send Your Notice
Mechanics lien deadlines
90 days

Lien must be filed w/in 90 days after last labor or materials furnished.

File A Lien Fast
Enforcement deadlines
6 months

In South Carolina, an action to enforce a mechanics lien must be initiated within 6 months from the claimant's last furnishing of labor and/or materials to the project.A notice of lis pendens must also be filed in South Carolina.

Note that, due to some case law, it may be best practice to initiate an action to enforce a lien before the earlier of either 6 months after the lien was filed or 6 months after the date of last furnishing, just to be safe.